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tv   The 11th Hour With Brian Williams  MSNBC  October 31, 2016 11:00pm-11:31pm PDT

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message. >> thank you very much for joining us tonight. really appreciate it. >> thanks. msnbc's coverage continues with "the 11th hour with brian williams". tonight with the fbi director now a big part of this presidential election, and an e-mail investigation underway, hillary clinton says there is no case here. donald trump on the trail tonight sounding off warning of possible devastating e-mails, and the possibility that if elected, hillary clinton could face trial. and with trump on the attack with democrats feeling nervous, where does this race stand with just seven days to go. tonight the results of the msnbc survey, the 11th hour begins now. here we are, good evening from our headquarters in new york, where tomorrow morning, will put us just one week from election day, and the story dominating things on the campaign trail continues to be the words and actions of the
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director of the fbi and the process that got underway today, the examination of upwards of thousands of e-mails from a computer once used by hillary clinton's closest aide. for a trump campaign behind in the polls it has given the nominee red meat to attack his opponent relentlessly at rally, after rally, after rally, all the way up to his last event on the trail tonight. >> the fbi would never have reopened this case at this time unless it were a most egregious offense. hillary set up an illegal server for shielding her conduct from criminal exposure. we all know about hillary's mounting legal troubles she's brought on to herself with her willful and deliberate criminal misconduct.
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hillary is the one who broke the law over, and over, and over again. we can be sure that what is in those e-mails is absolutely devastating. you know, i have a son named baron, and i want to tell you she is a terrible example for my son and for the children in this country. that, i can tell you. hillary is the one who broke the law over, and over, and over again. if hillary is elected, she would be under protracted criminal investigation lightly followed by the trail of a sitting president. this is just -- this is just what we need. just what we need. >> there you have it. hillary clinton fired back at two different campaign events today in ohio. >> there's this new e-mail story, about why in the world
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the fbi would decide to jump into an election without evidence of any wrongdoing with just days to go. that's a really good question. i'm not making excuses. i've said it was a mistake and i regret it and now they apparently want to look at e-mails of one of my staffers and by all means, they should look at them. and i am sure they will reach the same conclusion they did when they looked at my e-mails for the last year, there is no case here. i think most people have decided a long time ago what they think about all of this. now what people are focused on is choosing the next president and commander in chief of the united states of america. >> a lot of anxious voters spent this weekend wondering how the fbi matter surrounding the e-mails would affect this race. this is a moving target we're talking about here. according to our new survey t
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hasn't, the latest nbc tracking poll shows clinton with a six-point lead, 47% to 41% before and after the story broke. when we can find out what's in these e-mails? justice told congress, quote, the department will continue to closely with the fbi and dedicate all necessary resources and take appropriate steps as expeditiously as possible. a response was given late tonight calling the doj's letter disappointing and inadequate. "the wall street journal" reports experts tell them any relevant content could be pinpointed by election day, but a full analysis of all of this material could take longer than that. here with what tonight, our
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political analyst, nicole wallace, "washington post" political reporter, robert costa from milwaukee, and from washington, we welcome back paul butler former federal prosecutor with the department of justice who specialized in public corruption, currently a law professor at georgetown law. mr. costa i'm going to begin with you because you often bring the latest-breakingest details to our table. what to know tonight about inside trump world? >> reporter: inside trump world there's sense this episode, this new controversy could enable trump to try to scramble the political map, a map which remains very difficult for the republican presidential nominee. he's moving into blue states thinking maybe he can win in wisconsin where republicans haven't won since reagan. >> i was going to ask you to explain wisconsin and right now
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he can take advantage -- he has continued to take advantage of the kind of hyperbole gap. he can say that for his young son, the democratic nominee is a bad role model. >> briann a traditional election, it would be difficult for donald trump, to united republican party around him and winning a blue state would be extraordinarily difficult, yet what trump campaign advisors are telling me tonight, is that new mexico, michigan, wisconsin, they see as they put it, republican voters coming home because of this new controversy from the fbi probe, and that is prompting voters here in the milwaukee suburbs and the albuquerque suburbs to go to trump and if you add in working-class independents and democrats, that's how they think trump has a path, a tough path, but possible one.
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>> let's and the republican here at the table. are you coming home or going home or leaving the building? >> i can't find home with the life of me with the head lamp and the maps in the world. so i talked to three consultants today who are working on the gop senate map, which before friday, was looking a little grim. they're feeling like even some of the most vollmerable republican incumbent senators like kelly ayotte may make it. they do not think donald trump will win. that's because the gop senators polling ahead of trump that he may go up to within two points and they may tip some over. senator portman ahead of double digits, and kelly ayotte is polling two ahead of him. you mentioned new mexico and wisconsin. he was also in michigan. i don't know who knows anybody on the trump campaign there's chance in hell trump will win
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wisconsin, or new mexico. >> given your past with the department of justice, it can't be changed but what was your opinion of the comey move friday night? i've heard his defenders? i see your facial expression. i've heard his defenders all weekend long calling him a man of integrity, but is it not possible for a man of integrity to put his finger firmly on the scale? >> man, is it ever, we learn. when i was a prosecutor doing these kinds of cases we had this expression, put up or shut up. that is either prosecute the case or don't talk about the investigation. the concern is, if you as the leader of the world's preeminent law enforcement agency casts aspersions on someone and doesn't have the legal form to defend herself it's just not
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fair and then there's the 60-day rule, no matter what you're doing in a case, if it's 60 days before the election, you have to stop. you don't want to seen as influencing the election because again you don't want the authority in power of the justice department to be seen as being partisan, so i just don't know what the director was thinking. >> professor butler, part of the defense is they feared that it was going to leak any way, but really can you bake in a fear of leaks in your own agency to the extent that you have to come out and tell the story preemptively? >> not at all. you know, the justice department handles literally thousands of grand jury investigations and other kinds of cases in which everything has to remain secret. if the idea is, well, if somebody can be found public if it -- it can be leaked and the fbi director needs to have a press conference about it, and needs to send a letter to congress, we need prosecute any case. >> robert costa, i don't think
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we've seen anything like the comey story this past friday night. any of us who have followed politics for past couple of decades, both campaigns came out simultaneously and said, we need to know more and now we're going to find out what it's like to have an agency with 13,000 agents on a budget of $8 billion when they're motivated to beat the so there's got to be anxiety still in both campaigns but listening to donald trump tonight, he's trying to take the upper hand in this. >> trump is. it was a striking scene for me tonight bryan to meet with a dozen african-american voters here in milwaukee, a real democratic center for the party in the united states and they say their belief is this could stoke enthusiasm among minority voters or those who may not have been paying attention because of the frenzy all of these
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republicans are making they'll make sure they come out. >> nicole, you were with us after the news broke friday night. it's been a long weekend of people hashing out the comey news. what do you make of it? >> we also covered the comey hearings and i found him impressive and a man of integrity then and i find him that man still. i find him some know who -- it's hard for someone like him to survive in today's washington where when you do something they -- the partisan is on one side like you are held up as a man of integrity. when you do something that same partisans dislike, you are disparaged as a man trying to throw a national election. he's going to be come a unicorn and he's typical of sort of the human carnage of this cycle. there was news about -- the human carnage and the story of
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the human carnage of this cycle is so stunning to me and james comey, a man who i'm sure 24 months ago couldn't fathom being in the political shark tank is probably a stunning development for him. >> professor butler anything to disagree with what you just heard? >> kind of this guy loves to go kind of rogue so he -- a few months ago said he believed in the ferguson effect, this idea because of the black lives matter movement, police, our brave officers, have stopped doing their jobs. president obama -- loretta lynch said there's no evidence of that and the attorney general said do not write that letter. she said i can't order you but not only is it a good idea, it's against the policies and he sends it any ways. he talks a lot about the accesses of the bureau during the j. edgar hoover era. i'm not sure he's doing a whole lot better.
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>> let's get to brass tax politics. where do you see this race? for the folks watching who want to get through this week? >> you're entering -- traditionally, as everyone can agree, there's been nothing traditional about this cycle. but usually after the thursday before the election there's not enough time for a story to come out. sometimes it's the coverage of the debate that shapes the opinion and sometimes it's the facebook posts that someone puts in their community of friends up about the coverage of the debate that happened three days earlier. so after thursday, you're running out of enough of sort of almost like a washing machine cycle time for information to really saturate. so i'd say these are the final 72 hours for a story to really hit and i agree with something that hillary clinton said in the opening montage, that if the e-mail story bothers you, you're probably not available to her. you already know what you think about that story.
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so friday's news, while it was a bombshell in terms of legal precedent and political precedent, it isn't a new piece of information in terms of her narrative. that's the burden she's had going back to the early days of the democratic primary. it's not that it doesn't change anything. i think it tightened this race to maybe a two to six point race for her. i don't think it's a new piece of her story. i think it's something she's been struggling with since entering the race. >> that prediction and analysis has to last until tomorrow evening. >> come on, give me the benefit of a 12-hour news cycle. >> professor wallace, professor bustler and professor costa, thank you very much for joining us on the broadcast tonight. we'll take our first break here and coming up, donald trump says the clinton e-mail investigation is quote bigger than watergate. the man by president nixon's side who spent time for the watergate cover up joins us live on that.
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and who did governor john kasich vote for in the end? he promised on this broadcast to let us know. tonight, we have our answer. this is the 11th hour on msnbc.
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this is bigger than watergate. this is bigger than watergate, in my opinion. the investigation is the biggest political scandal since watergate. this is the biggest scandal since watergate. this is the biggest scandal since watergate.
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>> as you may have heard, watergate has entered donald trump's lexicon on the stump. his rallying cry about the hillary clinton e-mail story. but today a man who knows more about watergate than just about anyone else, wrote in the "new york times," no e-mail gate is not worse than watergate. john dean served as white house counsel to president richard nixon. his testimony to the senate and investigators helped lead to nixon's resignation for his role in the cover up. dean pleaded guilty to obstruct justice, spent four months in custody. john dean has been kind enough to join us in a discussion we've had for about two decades. it's awfully nice to see you. thank you for coming on tonight and let's start perhaps with those watching tonight who aren't as fluent in watergate as a guy like you, or a guy like me. what are the differences, john? >> well, it's very clear mr. trump is taking advantage of the fact people do not recall this and he says trying to fill in
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the gaps. it's one of the reason i did the piece. i don't think he's looked at the dictionary definition of watergate which is the abuse of presidential power occurring during the presidency of richard nixon. now that covered an awful lot of activity starting with a bungled burglary that revealed the abuses of power. and went on to ultimately result in the prosecution of some 40 -- either the prosecution or the pleading of some 40 aides to nixon because it was much more than a burglary. there were presidential abuses of power that were misusing the irs, the cia, the fbi. there was of course the cover up of many of these activities involving perjury and obstruction of justice. but it -- we've never had a scandal of this dimension at that level, so to compare it to what i think were just simple mistakes by secretary clinton,
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because there certainly has been no evidence during any of the investigations thus far she had any criminal intent is just totally out of place and it's most unfair to try to make a parallel out of it, not to mention to try to make it a bigger situation with clinton than watergate. >> of course the easiest thing in public life has been putting the suffix "gate" on any trouble and there you have it. charles bernstein said the chief difference was the presidency run as a criminal enterprise. is that too hyperbolic, or do you agree with that? >> there certainly ultimately there would -- because of the way that white house operated, it was a grand conspiracy and it did turn into a criminal enterprise. it wasn't that way all the throughout and not everybody was aware of everything that was going on. it was highly compartmentalized, but i can't -- carl and i have talked about this over the years and i really can't disagree with him. >> and what about the spector of
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continued rolling investigation that would greet a hillary clinton if she were to win this race? >> well, you know, that's something that really needs to be addressed and i think the congress has got to and itself, does it really want to become nothing but an obstruction and investigation arm of the government to look into what a president's doing. that isn't the way the system was designed. it's designed surely as a check, but that's one of the reasons the special -- the independent council act died is because of that atmosphere in washington is so counter productive. so i -- you know, i think the electorate at some point, if they -- for example if they give hillary clinton a senate that is democratically controlled, that'll change the playing field, and at some point, people will just say we've got to get washington working again and realize only one party's going to operate at a time and they're going to have to make their choice which one that's going to be. >> we can only hope an informed
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electorate thanks to ag gators and how quickly things fly around this planet, an informed electorate is informed by the piece you wrote today. counselor, it's a thrill to see you today, thank you for coming on with us tonight. >> thank you, brian. >> john dean with us from los angeles, an update to a promise made for those watching you may recall an appearance by ohio governor john kasich. i asked him last month who he would vote for in the race for president. he looked me in the eye and said i'll let you know at the appropriate time. well, the time has now arrived. one of his home state newspapers, the cleveland plain dealer reports the kasich followed through on his vow not to vote for donald trump. you'll recall he didn't even attend the gop convention in his home state. he wrote in john mccain instead. of course intentioned to be a symbolic protest vote, mccain is not an official write-in candidate under the rules of the
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state of ohio so john kasich's vote will not count. late tonight john mccain said he appreciated his old friend's compliment. another break for us and coming up, the october surprise that unexpected story breaking late in the campaign, we've seen them through the years, but have we ever seen quite this many? this is "the 11th hour."
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one last thing before we go since we agree we're in the 11th hour of this campaign, a look at the calendar shows this was indeed the last day of october. while it's only been a month let's remember where we've been in just the space of a month it. started october 1st when pages of donald trump's '95 tax returns showed up in the mailbox of a "new york times" reporter it was revealed trump could have avoided taxes for nearly two decades. a week later came the "access hollywood" out takes and we all remember what was on those. that same day, somewhat overshadowed, wikileaks started releasing hacked e-mails they say are from hillary clinton's chairman, john podesta's e-mails account, revealing the interworks of the clinton campaign. in the weeks that followed ten women came forward of alleging
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trump of sexual assault. the daily beast put out an article all of the accusers, a timeline of the alleged grope and assault. a week ago it was revealed obamacare would be hit by double premium hikes next year and the last time we met here it was that letter to congress from fbi director james comey on the clinton e-mail case. that was just friday night. the month ended with something that comes every halloween year and that's halloween at the white house. this time, however, the last for the obamas. 4,000 people showed up to a decorated south portaco for trick-or-treating at the white house, kids much military families some, from the washington area, dressed up to lineup in front of the president and first led. an election box, and lame duck and two mini president obamas were some of the costumes. that's going to do it on the final october edition of the 11th hour.
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we hope to see you back here tomorrow evening. "hardball" with chris matthews is next. halloween politics, let's play "hardball." good evening, i'm chris matthews. in washington, fallout from fbi director james comey's bombshell announcement reverberated on the campaign trail today. on friday, comey told congress that fbi learned of new e-mails that appear to be pertinent, appear to be pertinent to the investigation into clinton's use of a private server. today, donald trump praised comey for his guts. hillary clinton called the decision to go public this close to an election pretty strange. nbc news reports that since sunday night fbi officials have been going through the e-mails, which belonged to a top clinton

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